Areas Of Practice
Wrongful Dismissal - What Are My Rights?
If you have been fired, put on temporary lay-off, or constructively dismissed, you should call our firm immediately to find out your entitlements.
Firstly, you may be entitled to "Common Law Notice". When calculating the amount of reasonable notice, the following factors are generally considered:
- length of service
- position/seniority
- age
- level of responsibility
- salary
- difficulty in finding a comparable position with a new employer; and
- whether you were enticed or recruited away from a secure job.
The circumstances surrounding your dismissal will also be considered when determining the appropriate notice period.
Instead of "Common Law Notice", under the Employment Standards Act and assuming you have been dismissed without cause, almost all employees are entitled to certain statutory minimums for notice or pay in lieu of notice. Call our firm for a free consultation to find out how much notice you are entitled to under the Employment Standards Act. In addition, to the statutory notice period, you may be entitled to severance. However, your entitlement to severance depends on two factors:
- whether you worked for the same employer for a period of at least five years; and
- if your employer's payroll is over $2.5 million or if 50 employees have been permanently terminated within a six month period from by your employer.
In the event that you meet these requirements, you are entitled to an additional week's pay for each year worked, up to a maximum of 26.
If you have been fired, put on temporary lay-off, or constructively dismissed from your workplace DO NOT sign anything or cash any cheque from your former employer.
First, call us immediately for a free consultation or fill out our online assessment and let us provide you with straight forward answers to your complex questions.
What is a "Constructive Dismissal"?
Constructive dismissal is a form of wrongful dismissal. It occurs when an employer unilaterally changes a fundamental term of the employment contract without the employee's consent.
For instance, an employee may be constructively dismissed if the employer makes changes to the employee's terms and/or conditions of employment that results in a significant reduction in salary or a significant change in such things as the employee's work location, hours of work, authority or position, or change of duties.
If you feel that you have been constructively dismissed, call us immediately or fill out our online assessment and let us provide straight forward answers to your complex questions.
